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2016 Insurance-Related Legislative Summaries

Distribution of Dividends by Domestic Stock Life Insurers Chapter Amendment
Chapter 1 of the Laws of 2016

Chapter 1 amended the Insurance Law to make technical changes to Chapter 586 of the Laws of 2015 with regard to the distribution of dividends by domestic stock life insurers.

Board of Directors of Domestic Life Insurers Chapter Amendment
Chapter 8 of the Laws of 2016

Chapter 8 amended the Insurance Law to make technical changes to Chapter 575 of the Laws of 2015 with regard to the boards of directors of domestic life insurers.

Special Enrollment Period for Pregnant Women Chapter Amendment
Chapter 11 of the Laws of 2016

Chapter 11 amended the Insurance Law and Public Health Law to make technical changes to Chapter 581 of the Laws of 2015, which created a special enrollment period for an uninsured pregnant individual who wishes to enroll in a direct payment contract offered within the health benefit exchange.

Stop Loss, Catastrophic, or Reinsurance Coverage Issued to Certain Small Groups Chapter Amendment
Chapter 12 of the Laws of 2016

Chapter 12 amended the Insurance Law to make technical changes to Chapter 589 of the Laws of 2015 with regard to stop loss, catastrophic, and reinsurance coverage issued to certain small groups.

Reimbursement for Surgical First Assistant Services Chapter Amendment
Chapter 23 of the Laws of 2016

Chapter 23 amended the Insurance Law, Social Services Law, and Workers’ Compensation Law to make technical changes to Chapter 536 of the Laws of 2015 with regard to reimbursement for surgical first assistant services.

NYS Health Insurance Continuation Assistance Demonstration Project Sunset Extender, Homeowner Natural Disaster Preparedness Course, Health Republic Fund, and Paid Family Leave Benefits
Parts AA, BB, LL, and SS of Chapter 54 of the Laws of 2016

Part AA of Chapter 54 extended until July 1, 2017 the sunset date for the New York State Health Insurance Continuation Assistance Demonstration Project.  Part BB amended the Insurance Law to permit the Superintendent of Financial Services to allow a reduction in homeowners’ insurance rates for insureds who complete an approved homeowner natural disaster preparedness, home safety and loss prevention course.  Part LL amended the State Finance Law to establish the Health Republic Insurance of New York Fund.  Part SS amended the Workers’ Compensation Law and Insurance Law with regard to providing paid family leave benefits.

Accident Prevention Course Internet Technology Pilot Program Sunset Extender
Part D of Chapter 58 of the Laws of 2016

Part D of Chapter 58 extended until April 1, 2020 the accident prevention course internet technology pilot program.

Excess Medical Malpractice Coverage and Out-of-Network Reimbursement Rate Workgroup
Parts C and R of Chapter 59 of the Laws of 2016

Part C of Chapter 59 extended until June 30, 2017 excess medical malpractice insurance coverage.  Part R extended until October 1, 2016 the date by which the out-of-network reimbursement rate workgroup must report its findings and make recommendations.

Treatment of Heroin and Opioid Addictions
Chapter 69 of the Laws of 2016

Chapter 69 amended the Insurance Law and Public Health Law in relation to utilization review program standards; Insurance Law to provide coverage for immediate access to a five-day emergency supply of certain medication; Social Services Law and Public Health Law in relation to prohibiting prior authorization for a prescription for buprenorphine for opioid addiction detoxification or maintenance treatment; Mental Hygiene Law in relation to the heroin and opioid addiction wraparound demonstration services program; and Mental Hygiene Law in relation to emergency services for persons intoxicated, impaired, or incapacitated by alcohol or substances.

Treatment of Heroin and Opioid Addictions
Chapter 71 of the Laws of 2016

Chapter 71 amended the Public Health Law in relation to providing training in pain management for certain individuals; Insurance Law to provide coverage for medically necessary inpatient services for the diagnosis and treatment of substance abuse disorders; Public Health Law, Social Services Law, and Insurance Law to limit initial prescriptions for opioids to a seven-day supply; and Mental Hygiene Law and Public Health Law with regard to the dissemination of information by pharmacists to customers regarding controlled substances and counseling for individuals purchasing syringes.

Breast Cancer Detection
Chapter 74 of the Laws of 2016

Chapter 74 amended the Insurance Law in relation to coverage for the detection of breast cancer; Public Health Law in relation to requiring certified mammography facilities to provide extended hours; and Civil Service Law in relation to excused leave to undertake a screening for breast cancer.

Wellness Programs
Chapter 180 of the Laws of 2016

Chapter 180 amended the Insurance Law to add hypertension management programs, substance or alcohol abuse cessation programs, and programs to manage and cope with chronic pain, to the list of programs or services that may be included in wellness programs, and to add stress and hypertension management, worker injury prevention, nutrition education, substance or alcohol abuse cessation, and chronic pain management and coping programs to the list of permissible rewards and incentives a wellness program may use for participation.

Choice of Repair Shop Disclosure
Ch. 236 of the Laws of 2016

Chapter 236 amended the Insurance Law to require an insurer to provide a copy of its repair estimate to the insured that includes a specific disclosure regarding choice of a repair shop.

Vernon Verona Sherrill Central School District Insurance Reserve Fund
Ch. 414 of the Laws of 2016

Chapter 414 amended the General Municipal Law and Education Law with regard to the establishment of an insurance reserve fund by the Vernon Verona Sherrill Central School District.

Minisink Valley Central School District Insurance Reserve Fund
Ch. 416 of the Laws of 2016

Chapter 416 amended the General Municipal Law and Education Law with regard to the establishment of an insurance reserve fund by the Minisink Valley Central School District.

Designation of a Third Party to Receive Nonpayment or Cancellation Notice
Ch. 424 of the Laws of 2016

Chapter 424 amended the Insurance Law with regard to the designation of a third party to receive a nonpayment or cancellation notice for a long term care policy or certificate.

Expedited Review of Group Practice Applications
Ch. 425 of the Laws of 2016
Chapter 425 amended the Public Health Law and Insurance Law with regard to the expedited review of applications of health care professionals who are joining a group practice.

Prior Authorization Standards
Ch. 427 of the Laws of 2016
Chapter 427 amended the Public Health Law and Insurance Law to require the Commissioner of Health and Superintendent of Financial Services to develop standards for prior authorization requests to be used by all health care plans for the purposes of submitting a request for a utilization review determination for coverage of prescription drug benefits under Public Health Law Article 49 or Insurance Law Article 49.

Suspension of the Accumulation of Operating Reserves
Ch. 433 of the Laws of 2016

Chapter 433 amended the Insurance Law with regard to the suspension of the accumulation of the operating reserve of an authorized reciprocal insurer for a fiscal year.

Step Therapy Protocol Overrides
Ch. 512 of the Laws of 2016

Chapter 512 amended the Insurance Law and Public Health Law with regard to step therapy protocol overrides.

State Insurance Advisory Board
Ch. 515 of the Laws of 2016

Chapter 515 amended the Insurance Law to establish a state insurance advisory board.  Note that Chapter 10 of the Laws of 2017 made technical amendments to Chapter 515.

NYS Medical Indemnity Fund
Ch. 517 of the Laws of 2016

Chapter 517 amended the Public Health Law with regard to payments from the New York State Medical Indemnity Fund.  Note that Chapter 4 of the Laws of 2017 made technical amendments to Chapter 517.

 

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